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UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

IN RE: DYLAN REEVES, ) Case No. 13-21976

)

Debtor, ) Chapter 13

)

DYLAN REEVES, ) Adv. Pro. No. 16-00523

)

Plaintiff, ) Honorable Janet S. Baer

) Judge Presiding

v. )

)

KONDAUR CAPITAL CORP., )

)

Defendant. )

KONDAUR’S STATEMENT OF MATERIAL FACTS

Defendant, Kondaur Capital Corp. (“Kondaur”), by its counsel, pursuant to Local Rule

7056-1 (B) and Local Rule 7056-2 (A)(2) submits the following response to the “material facts”

stated by Plaintiff, Dylan Reeves (“Plaintiff”) in support of his Motion for Summary Judgment

[Doc. 8] and additional facts which support summary judgment in Kondaur’s favor.

I. Kondaur’s Responses to Plaintiff’s Statement of “Established Facts.”

1. It is undisputed that the debtor filed a Chapter 13 Bankruptcy Petition on May 27,

2013 in the underlying bankruptcy proceeding (“Bankruptcy Action”), but otherwise this

statement is controverted. There have been additional entries in the docket for the Bankrupcty

Action since the time Plaintiff’s Exhibit 1 was created.

2. This Paragraph constitutes legal conclusions rather than statements of fact, and

therefore no response is required.

3. It is undisputed that the court confirmed a bankruptcy plan on November 7, 2013,

but otherwise this statement is controverted. On that date, the court confirmed Plaintiff’s

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amended bankruptcy plan. See Bankruptcy Action Docket, Case No. 13-21976 (“Dkt.”) at Doc.

No. 44.

4. Controverted. Plaintiff’s Exhibit 2 in support of his motion for summary

judgment is a certificate of notice, but it does not identify the document served on the listed

parties.

5. Controverted. Plaintiff’s Exhibit 2 in support of his motion for summary

judgment is a certificate of notice, but it does not identify the document served on the listed

parties

6. Controverted. Plaintiff’s Exhibit 2 in support of his motion for summary

judgment is a certificate of notice, but it does not identify the document served on the listed

parties

7. Undisputed.

8. Undisputed.

9. It is undisputed that the relevant real property, relating to the foreclosure and the

mortgage, is commonly known as 9808 S. Normal, Chicago, IL 60628 (“Subject Property”), and

that a copy of the mortgage at issue is attached as Exhibit 6 (“Subject Mortgage”).

10. It is undisputed that Plaintiff listed the real property commonly known as 9808 S.

Normal, Chicago, Illinois on Schedule A in the Chapter 13 bankruptcy petition filed on May 27,

2013. It is controverted that various loans related to the Subject Property are listed on Schedule

D with the petition filed on May 27, 2013. Schedule D does not identify specific secured claims

associated with the Subject Property. See Dkt. # 1.

11. It is undisputed that on December 8, 2016, ShoreBank extended a loan with an

original principal balance not to exceed $231,300 (“Subject Loan”) to Plaintiff secured by the

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Subject Mortgage recorded against the Subject Property, but otherwise the statement is

controverted.

12. It is undisputed that on December 8, 2016, ShoreBank extended the Subject Loan

and the amount indicated in Schedule D is the same as the maximum amount provided for under

the Subject Mortgage, but otherwise the statement is controverted.

13. It is undisputed that the confirmed plan section E(3.2)(c) lists “Urban Partnership

Bank account 542605” with collateral of “9808 South Normal Avenue,” but otherwise the

statement is controverted.

14. It is undisputed that the confirmed plan states that "Urban Partnership Bank

(account number 542605) shall not be paid on any secured proof of claim; lien to be avoided and

treated as unsecured.”

15. It is undisputed that Urban Partnership Bank (“UPB”) filed an appearance on

February 23, 2015 in the Bankruptcy Action, but otherwise this statement is controverted. The

appearance was filed after the plan was confirmed. It is unclear whether UPB had notice of the

plan.

16. Undisputed.

17. Controverted. UPB filed its appearance after the plan was confirmed. It is

unclear whether proper service was effected as to UPB.

18. This Paragraph constitutes legal conclusions rather than statements of fact, and

therefore no response is required.

II. Kondaur’s Statement of Material Facts

1. This action concerns real property commonly known as 9808 S. Normal, Chicago,

IL 60628 (“Subject Property”).

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2. On or about August 20, 2000, Willie D. Maxie conveyed the Subject Property to

Plaintiff by warranty deed recorded on July 22, 2005 with the Cook Country Recorder of Deeds

as Document Number 0520344052 (“Warranty Deed”). A true and accurate copy of the

Warranty Deed is attached hereto as Exhibit A.

3. The Warranty Deed contains the following legal description for the Subject

Property:

LOT 4 (EXCEPT THE NORTH 8 FEET THEREOF) AND THE NORTH 8 FEET OF

LOT 5 IN BLOCK 9 IN ODELL’S ADDITION TO EUCLID PARTK, A

SUBDIVISION OF THE EAST 1⁄2 OF THE NORTHWEST 1⁄4 OF SECTION 9,

TOWNSHIP 37 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN,

IN COOK COUNTY, ILLINOIS.

4. The Warranty Deed provides a permanent index number (“PIN”) for the Subject

Property as 25-09-129-057-0000. See Warranty Deed (Ex. A).

5. On December 8, 2006, Shorebank extended a mortgage loan to Borrower in the

original maximum principal amount of $231,300 (“Subject Loan”).

6. The Subject Loan is secured by a mortgage encumbering the Subject Property

recorded with the Cook County Recorder of Deeds on March 27, 2007 as Document No.

0708641088 (“Subject Mortgage”). A true and accurate copy of the Subject Mortgage is

attached hereto as Exhibit B.

7. The Subject Mortgage provides the following legal description for the Subject

Property:

LOT 4 (EXCEPT THE NORTH 8 FEET THEREOF) AND THE NORTH 8 FEET OF

LOT 5 IN BLOCK 9 IN ODELL’S ADDITION TO EUCLID PARTK, A

SUBDIVISION OF THE EAST 1⁄2 OF THE NORTHWEST 1⁄4 OF SECTION 9,

TOWNSHIP 37 NORTH, RANGE 17, EAST OF THE THIRD PRINCIPAL

MERIDIAN, IN COOK COUNTY, ILLINOIS.

See Subject Mortgage (Ex. B).

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8. The Subject Mortgage provides a PIN for the Subject Property as 25-09-129-057-

0000. Id.

9. On December 29, 2006, Gina Morrow conveyed to Borrower a warranty deed for

certain real property (“Morrow Lot”) immediately adjacent to the Subject Property. A true and

accurate copy of the Morrow Lot Warranty Deed is attached hereto as Exhibit C.

10. The Morrow Lot Warranty Deed provides the following legal description for the

Morrow Lot:

The South 8.00 feet of the North 16.00 feet of Lot 5 in V.H. Surghnor’s Subdivision of

Block 9 to 16 in Odell’s Addition to Euclid Park Subdivision of the East 1⁄2 of the

Northwest 1⁄4 of Section 9, Township 37 North, Range 14, East of the Third Principal

Meridian, according to the plat thereof recorded as document number 1541584, in Cook

County, Illinois.

11. Federal Deposit Insurance Corporation, as receiver for Shorebank assigned the

Subject Mortgage to Urban Partnership Bank (“UPB”) by way of assignment recorded with the

Cook County Recorder of Deeds Office on November 7, 2011 as Document No. 1131116051

(the “UPB Assignment”). A true and accurate copy of the UPB Assignment is attached hereto

as Exhibit D.

12. The UPB Assignment identifies the Subject Mortgage as dated December 8, 2006

and recorded March 27, 2007. See UPB Assignment (Ex. D).

13. The UPB Assignment provides the following legal description for the Subject

Property:

LOT 4 (EXCEPT THE NORTH 8 FEET THEREOF) AND THE NORTH 8 FEET OF

LOT 5 IN BLOCK 9 IN ODELL’S ADDITION TO EUCLID PARTK, A

SUBDIVISION OF THE EAST 1⁄2 OF THE NORTHWEST 1⁄4 OF SECTION 9,

TOWNSHIP 37 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN,

IN COOK COUNTY, ILLINOIS.

Id.

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14. On November 22, 2011, UPB recorded a notice of Lis Pendens and Notice of

Foreclosure against the Subject Property with the Cook County Recorder of Deeds as Doc. No.

1132644060 (“Lis Pendens”) concerning its foreclosure complaint in the Cook County Circuit

Court, Case No. 11 CH 40227 (“Foreclosure Action”). A true and accurate copy of the Lis

Pendens is attached hereto as Exhibit E.

15. The Lis Pendens identifies the Subject Mortgage and provides the following legal

description for the Subject Property:

LOT 4 (EXCEPT THE NORTH 8 FEET THEREOF) AND THE NORTH 8 FEET OF

LOT 5 IN BLOCK 9 IN ODELL’S ADDITION TO EUCLID PARK, A SUBDIVISION

OF THE EAST 1⁄2 OF THE NORTHWEST 1⁄4 OF SECTION 9, TOWNSHIP 37 NORTH,

RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,

ILLINOIS.

See Lis Pendens (Ex. E).

16. On May 27, 2013, Plaintiff Dylan Reeves (“Plaintiff”) filed a voluntary petition

for Chapter 13 bankruptcy relief with the United States Bankruptcy Court for the Northern

District of Illinois, Case No. 13-21976 (“Bankruptcy Action”).

17. The Subject Mortgage was assigned from UPB to MRF IL One, LLC (“MRF

One”) on or about December 13, 2013 and recorded with the Cook County Recorder of Deeds as

Doc No. 1610656052 on April 15, 2016 (“MRF One Assignment”). A true and accurate copy of

the MRF ONE Assignment is attached hereto as Exhibit F.

18. MRF One assigned the Subject Mortgage to Kondaur Capital Corporation, as

Separate Trustee of Matawin Ventures Trust Series 2015-2 (“Kondaur”) on April 15, 2016 and

recorded with the Cook County Recorder of Deeds as Doc. No. 1610656053 (“Kondaur

Assignment”). A true and accurate copy of the Kondaur Assignment is attached hereto as

Exhibit G.

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19. A search of the grantor/grantee index maintained by the Cook County Recorder of

Deeds for “Reeves Dylan” provides a result which includes the Warranty Deed, Subject

Mortgage, and the Lis Pendens. See Declaration of Coleman J. Braun (“Braun Declaration”), a

true and accurate of which is attached hereto as Exhibit H, at ¶ 5; see also, Grantor/Grantee

Search Results attached to Braun Declaration as Exhibits H-1, H-2, and H-3.

20. MRF One filed a motion for relief from the automatic stay in the Bankruptcy

Action concerning the Subject Property on May 2, 2016. See Dkt. #68.

21. Subsequently, on May 10, 2016 Kondaur filed an Amended Motion for relief

from the automatic stay in the Bankruptcy Action concerning the Subject Property. See Dkt.

#70.

22. No proof of claim was ever filed concerning the Subject Loan. See Claims

Register in the Bankruptcy Action, a true and accurate copy of which is attached hereto as

Exhibit I.

Dated: November 3, 2016 Respectfully submitted,

Ralph T. Wutscher KONDAUR CAPITAL CORP.

Coleman J. Braun

Allan Z. Enriquez

MAURICE WUTSCHER LLP

105 W. Madison Street, 18th Floor

Chicago, Illinois 60602

Tel. (312) 416-6170

Fax. (312) 284-4751 By: /s/ Coleman J. Braun

One of Its Attorneys

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Certificate of Service

Coleman J. Braun, an attorney, certifies that on November 3, 2016, he caused the service

of a true and correct copy of the foregoing document and any referenced exhibits via ECF on all

parties who are Filing Users.

/s/ Coleman J. Braun

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